Originalism

Extracted Attributes

• Field

  Constitutional law, legal interpretation

• Core Tenet

  Constitution's meaning is fixed and can only be altered through the Article Five amendment process.

• Definition

  Legal theory interpreting the U.S. Constitution based on its original understanding at the time of adoption.

• Variations

  Original intent, original meaning

• Distinction

  Not to be confused with strict constructionism

• Key Proponent

  Justice Antonin Scalia

• Critics' Argument

  Modern resurgence linked to conservative opposition to civil rights legislation and decisions like Brown v. Board of Education.

• Proponents' Argument

  Primary method of legal interpretation in America until the New Deal era.

• Associated Political Values

  Generally conservative

Timeline

• Contemporary originalism emerged and began to greatly influence American legal culture, practice, and academia. (Source: Wikipedia, DBPedia)

  1980s

• Originalism gained mainstream acceptance. (Source: Wikipedia)

  2020

• Critics link the modern resurgence of originalism to conservative political resistance to the Supreme Court's decision in Brown v. Board of Education. (Source: DBPedia)

  1954-05-17

• Proponents argue originalism was the primary method of legal interpretation in America from its founding until the New Deal era. (Source: DBPedia)

  Unknown

• The Supreme Court's overturning of the 40-year-old Chevron Doctrine in the Looper versus Rondo case is viewed by some (implicitly originalism proponents) as a crucial curb on the power of the Administrative State. (Source: Related Document)

  Unknown

Originalism

Originalism is a legal theory in the United States which bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Originalism consists of a family of different theories of constitutional interpretation and can refer to original intent or original meaning. Critics of originalism often turn to the competing concept of the Living Constitution, which asserts that a constitution should evolve and be interpreted based on the context of current times. Originalism should not be confused with strict constructionism. Contemporary originalism emerged during the 1980s and greatly influenced American legal culture, practice, and academia. Over time, originalism became more popular and gained mainstream acceptance by 2020.

Web Search Results

• Originalism - Wikipedia

  Originalism is a legal theory in the United States which bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework. Instead, originalists argue for democratic modifications of laws through the legislature or through constitutional amendment. [...] Originalism consists of a family of different theories of constitutional interpretation and can refer to original intent or original meaning. Critics of originalism often turn to the competing concept of the Living Constitution, which asserts that a constitution should evolve and be interpreted based on the context of current times. Originalism should not be confused with strict constructionism. [...] Legal scholar Randy Barnett asserts that originalism is a theory of interpretation and that constructionism is only appropriate when deriving the original intent proves difficult. ### Declarationism [edit]

• Originalism | Research Starters - EBSCO

  Originalism is a legal interpretation approach primarily associated with the United States Constitution. Proponents of originalism argue that the Constitution should be understood based on its original meaning as intended by the Founding Fathers, who signed the document in 1787. This perspective holds that the Constitution's meaning is fixed and should not evolve over time, emphasizing changes should only occur through formal amendments. Originalists often critique more liberal interpretations, [...] Originalism is a method of legal interpretation that most often applies to the United States Constitution. Originalists believe that legal interpretations of the Constitution should consider the original meaning of the document’s words or the intended meaning of the Founding Fathers who signed the Constitution on September 17, 1787. Originalists have slightly different ideas about what the term means, but nearly all believe that the meaning of the Constitution should not change over time. They [...] Although originalism describes only a form of constitutional interpretation, the word connotes different meanings to different groups. Generally, people who support originalism hold conservative political values. Some conservatives think of originalism as a way of interpreting the Constitution that will prevent judges from changing laws on their own. Nevertheless, some people who hold liberal political beliefs are more likely to view a justice who uses originalism to indicate one that will

• On Originalism in Constitutional Interpretation

  Originalism is a theory of the interpretation of legal texts, including the text of the Constitution. Originalists believe that the constitutional text ought to be given the original public meaning that it would have had at the time that it became law. The original meaning of constitutional texts can be discerned from dictionaries, grammar books, and from other legal documents from which the text might be borrowed. It can also be inferred from the background legal events and public debate that [...] Originalism is usually contrasted as a theory of constitutional interpretation with Living Constitutionalism. Living constitutionalists believe that the meaning of the constitutional text changes over time, as social attitudes change, even without the adoption of a formal constitutional amendment pursuant to Article V of the Constitution. Living constitutionalists believe that racial segregation was constitutional from 1877 to 1954, because public opinion favored it, and that it became

• originalism | Wex | US Law | LII / Legal Information Institute

  Originalism is a theory of interpreting legal texts holding that a text in law, especially the U.S. Constitution, should be interpreted as it was understood at the time of its adoption. The original meaning of the constitutional text can be discerned from the most likely ideas of the text by the framers of the Constitution, or inferred from background events, public debates, relevant dictionaries, and other legal documents of that time. [...] U.S. Supreme Court Justice Antonin Scalia was a well-known proponent of originalism. This view is the opposite of the “living constitutionalism” theory, which asserts that the Constitution is living and can evolve with society, and that the meaning of constitutional texts changes over time. Last reviewed in May of 2022 by the [Wex Definitions Team] Wex

• [PDF] What is Originalism? The Evolution of Contemporary Originalist Theory

  forgotten . A more promising appr oach should begin with the facts . “Originalism” is an ambiguous theoretical term . There is a family of origin alist constitutional theories . In order to make progress in the debates about “originalism,” we will need t o map the theoretical space, identifying the ways in which different versions of originalism vary and the ways in which they resemble one another. III. A Very Short History of Contemporary Originalist Theory [...] 1995 dissenting opinion in Roper v. Simmons ,14 and “originalism” made its first appearance in Justice Stevens’ 200 5 dissenting opinion in Van Orden v. Perry .15 The wo rd “originalism” is a neologism –a word that was coined for the purpose of carving up theoretical space . Brest’s original usage introduced an ambiguity by referring to “text” or “intentions.” In addition, Brest’s new word resonated –presumably this was deliberate –with other phras es with long [...] Meaning” , 119 Harv. L. Rev . 1275 at 1317 (1996) (defining “originalism ” as “the theory that the original understanding of those who wrote and ratified various constitutional provisions determines their current meaning ”) [Fallon, “Manageable Standards”] .11 intentions of the ratifiers – either the state ratifying conventions understood as corporate bodies or of the individuals who attended the ratifying conventions and voted in favor of ratificat ion. 38

In the context of United States law, originalism is a concept regarding the interpretation of the Constitution that asserts that all statements in the Constitution must be interpreted based on the original understanding "at the time it was adopted". This concept views the Constitution as stable from the time of enactment and that the meaning of its contents can be changed only by the steps set out in Article Five. This notion stands in contrast to the concept of the Living Constitution, which asserts that the Constitution should be interpreted based on the context of current times, even if such interpretation is different from the original interpretations of the document. Originalism should not be confused with strict constructionism. The development of originalism was influenced by Herbert Wechsler's influential lecture on Neutral Principles. The idea that judicial review was distinguished from ordinary political process by the application of principles grew to be understood as fundamental to the legitimacy of judicial interpretation. Proponents of originalism argue that originalism was the primary method of legal interpretation in America from the time of its founding until the time of the New Deal, when competing theories of interpretation grew in prominence. Critics of originalism argue that its appeal in modern times is rooted in conservative political resistance to the Brown v. Board of Education Supreme Court decision and opposition to some civil rights legislation. "Originalism" can refer to original intent or original meaning. The divisions between the theories relate to what exactly that identifiable original intent or original meaning is: the intentions of the authors or the ratifiers, the original meaning of the text, a combination of the two, or the original meaning of the text but not its expected application.